It is pretty simple.And this anecdotally does and should strike a chord with New Zealanders who have all made their minds up without studying a skerrick of evidence, praise them.
64. Compensation would express the government’s disapproval of such a cumulative failure
by the authorities to “take proper steps to investigate on possibility of innocence”.**It would be
an acceptance of some responsibility by the state for the shame and stigma of a wrongful
conviction and thirteen years in prison for crimes which, in my view, David Bain is unlikely to
have committed.***
One of the interesting observations Binnie makes is that police used his claim that only he knew the whereabouts of the key to the trigger lock as proof he was the killer.It is pretty simple.
Dave the nutter just has to say what happened.
The other evidence is muddled
Returning to this argument, yes you damn will better be factually innocent if you want out of jail.As a general point, not commenting on the circumstances of this particular case, yes I do think he should get compensation.
He's far from the only person to have been freed on appeal after having his life ruined by a conviction which was later overturned. The vast majority of these people are factually innocent. Why is it safe to say this? Because it's far harder to get unconvicted than to avoid being convicted in the first place, if you're innocent. There's an interesting long article somewhere called "Unarresting the arrested" detailing the difficulties of getting the cops' talons out of someone they're determined to convict. Getting "unarrested" or even more so unconvicted after a conviction, when you're actually guilty, is not a trick many people pull off.
Nevertheless, in an attempt to prevent such people profiting from their situation, the authorities have introduced another hurdle to jump before compensation is paid. Proveing innocence beyond reasonable doubt. In some cases this can be done, for example where the cops actually identify the real culprit, or an unbreakable alibi is proved. In many cases though, it can't be done. A weak case that should never have been prosecuted in the first place is overturned, leaving some hapless soul out on the streets with nothing.
If the price of making sure that every innocent person who has had their life ruined is given proper compensation is that some money is paid out to the very occasional guilty person who lucked out on an appeal, then so be it, frankly.
(Sorry, I did start a more general thread about this on the back of an article describing a couple of different cases, but I thought I would post it here too.)
It would be a disaster for National and will not happen. Public opinion is split and will definitely sway back into the guilty camp after the leak and I don't think there's a snowball's chance in hell Key would allow it.
Binnie said this.
Ok how about this I sketched.Binnie has been both discredited and superseded.
If the judges who have reviewed the case see Baino as "not innocent" that's factual enough for me.
Might help if you get the facts right then.
Having read Karam's book, I consider he proved Bain was innocent beyond any doubt. He had a complete alibi as he was seen doing his paper round after the computer was switched on. For cabinet to cling to completely discredited theories is proof they have done no homework.Might help if you get the facts right then.
They didn't say that he was "Not Innocent" They said he was "Not Innocent, beyond a reasonable doubt."
This is an incredibly high standard (almost impossible I'd suggest since it requires proving a negative), so high we use it for deciding guilty in a trial. It doesn't mean that he is not innocent, it means that it could possibly be reasonably believed that he is guilty.
It is clear from the other reports and from the trial that there is a lot more reasonable doubt to his guilt, that there is to his innocence.
Bit of a stretch.Having read Karam's book, I consider he proved Bain was innocent beyond any doubt. He had a complete alibi as he was seen doing his paper round after the computer was switched on. For cabinet to cling to completely discredited theories is proof they have done no homework.
Bit of a stretch.
Karam is hardly going to be unbiased
It's the ones he chose to leave outPerhaps not, but facts are very stubborn things... they don't go away, and they neither care, nor depend on who states them.
I have read Karam's book, and while I do not wholeheartedly agree with some of his conclusions, I could not fault a single fact that he claimed.
It's the ones he chose to leave out
It doesn't matter. I really can't be bothered going through it all again.Such as?
The facts are right. He was not innocent.
Qualifiers are irrelevant.
Except it does matter.
...I'd say that it would be an impossible goal since any evidence that might have cleared him was destroyed.
If you find that hard to understand, consider this, what evidence would you be willing to accept that would prove to you beyond a reasonable doubt that he was not guilty?
Now consider the second half. Does that evidence exist? Did it ever exist? Does it still exist to be tested? If not, then you realise that the Theory of David's guilt is impossible to falsify, thus impossible to prove wrong beyond reasonable doubt.
It is not an uncommon pattern. Both Bain and Lundy testified first time round as innocent bystanders to crimes committed by others. When that serious endeavour was met with 13 years in jail they both tried something different the second time.He won't front up with what happened. End of case in my book
Sorry mate. Doesn't stack upIt is not an uncommon pattern. Both Bain and Lundy testified first time round as innocent bystanders to crimes committed by others. When that serious endeavour was met with 13 years in jail they both tried something different the second time.
You can have your opinions but not your facts though. It is irrelevant to the resolution of the case what David Bain ever said or did. He rang the police and reported a crime. The New Zealand people should congratulate him on doing this, and cabinet should be sacked and replaced while this painful hoax continues. Shame on every one of them.Sorry mate. Doesn't stack up
(Personally to me)
Just say what happened under oath
Evidence that showed how Robin was able to shoot himself in the back of the head
from more than three feet away
and then once dead, stand the magazine on its end.
...except he wasn't shot in the the back of the head, he was shot through the left temple.... big difference.
My childhood friend's father blew his brains out with an old long-barrelled shotgun. The distance from muzzle to trigger was longer than three feet;
There was the magazine on the ground, and one still in the rifle. Who is to say that the magazine wasn't placed there before Robin was shot.
Both David and Robin had the means and the opportunity to kill the rest of the family, but only Robin had a motive, and it was a compelling one.. he was about to be exposed as a paedophile, a revelation that would consign his standing in the community to the scrapheap.
David only had motive to kill Robin after he found his family dead.
Hands. Oh will these hands ne'er be clean?So when is the next Dave and just reunion party?
These matters are important, I spend a lot of time trying to assemble the best proof in the most economical fashion that the five Bain, Lundy and MacDonald prosecutions are expensive hoaxes that have destroyed many families.
Anyway, saying the prosecution destroyed Baino's family is a bit rich, they were all dead.
Likewise MacDonald - he was a scumbag, arsonist piece of crap, which is what the problem was more. If he hadn't been a piece of crap, he probably wouldn't have made the grade as a suspect, let alone perpetrator.
Lundy? It's certainly ruined his life.
Well no, he still has extended family who have totally disowned him to the point that he pretty much can't even set foot in the same island as they are.
he might be a scumbag, but that doesn't mean that pinning a murder on him because he's a scumbag is good policing.
Atheist:
I am not trying to score points, but you did not challenge the data point. A 10 mil (one centimeter) ring of soot surrounding a four mil bullet hole in the left temple.
They are going to lose and compensate, I bet my life,...
The killings were done by at least two thugs to attempt the settlement of the debt Permanently Name Suppressed Witness owed to their paymasters.
So when we bust him out of jail, he applies for compensation.
Among them, Grantham, Vanderkolk, Bill Wright, Susan Glazebrooke, Judith Collins, Amy Adams, and a zillion more.
I hope they read this. They are being hunted.
I consulted a professional continental philosopher...
I am working on a project to explain to New Zealanders that they have been subjected to 5 hoaxes and I want to correct the history
Hoax 1. The first prosecution of David Bain
Hoax 2. The first prosecution of Mark Lundy
Hoax 3. The second prosecution of David Bain
Hoax 4. The prosecution of Ewen MacDonald
Hoax 5. The second prosecution of Mark Lundy.
In each case there were incontrovertible data points from the outset that these men could not have been involved in these crimes.
Hell on wheels, I just spelled it out. The ring of soot is not bleeding well anecdotal. It existed, or the pathologist is a bare faced liar. We already have one in the miserable James Pang who is being called big time in the Lundy fiasco. How many more??
Sorry, but I find the idea of "professional philosopher" about as good as "police intelligence".
You won't get any argument from me on the pigs being swill.
Good luck with that.
I suspect you'll find it quixotic, but I indulge in a lot of that myself, so I won't hold it against you.
Bollocks. In Baino's case there is no exculpatory evidence at all.